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Article • May 15, 2018 • from CLN June, 2018
Filed under: Habeas Corpus
Habeas Hints: Understanding and Satisfying the Strickland Test for IAC by Kent A. Russell, Tara Hoveland by Kent Russell and Tara Hoveland, attorneys This column provides “Habeas Hints” to prisoners who are considering or handling habeas corpus petitions as their own attorneys (“in pro per”). The focus of the column …
Article • May 15, 2018 • from CLN June, 2018
Filed under: Reviews, Habeas Corpus
Book Review: California Habeas Handbook 2.0 by Kent A. Russell by Christopher Zoukis Reviewed by Christopher Zoukis The writ of habeas corpus is an extraordinary remedy that allows a person held against his or her will by the state to challenge the legality of confinement. It is often referred to …
Article • May 15, 2018 • from CLN June, 2018
Filed under: Sentencing, Due Process
U.S. Supreme Court Holds Residual Clause Definition of ‘Crime of Violence’ Unconstitutionally Vague Under Due Process Clause by Dale Chappell by Dale Chappell The U.S. Supreme Court struck yet another residual clause definition of “crime of violence” as unconstitutionally vague in a major decision that could potentially affect thousands of …
Article • May 15, 2018 • from CLN June, 2018
Filed under: Sentencing
Vague Criminality and Mass Incarceration: Will Dimaya End the Insanity? by Leah Litman by Leah Litman, Harvard Law Review Blog Today [April 17, 2018] the Supreme Court decided Sessions v. Dimaya and struck down the federal definition of “crime of violence” as unconstitutionally vague. The statute, section 16(b) (along with …
Brief • May 14, 2018
Langley v. Prince et al., LA, order, murder conviction, 2018 Case: 16-30486 Document: 00514472153 Page: 1 Date Filed: 05/14/2018 IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT United States Court of Appeals Fifth Circuit No. 16-30486 FILED May 14, 2018 RICKY LANGLEY, Lyle W. Cayce Clerk Petitioner …
Brief • May 9, 2018
Estes v. State of Texas, opinion, sexual assault on child penalty, 2018 IN THE COURT OF CRIMINAL APPEALS OF TEXAS NO. PD-0429-16 RUSSELL LAMAR ESTES, Appellant v. THE STATE OF TEXAS ON STATE’S & APPELLANT’S PETITIONS FOR DISCRETIONARY REVIEW FROM THE SECOND COURT OF APPEALS TARRANT COUNTY K EASLER, J., …
The Osborne Association Report, May, 2018, The High Costs of Low Risk - The Crisis of America’s Aging Prison Population The High Costs of Low Risk: The Crisis of America’s Aging Prison Population The Osborne Association May 2018 Executive Summary Executive Summary During the past four decades, we have experienced …
Article • April 19, 2018 • from CLN May, 2018
Intellectual Disability and Wrongful Conviction in Death Cases: A Lethal Combination by David Reutter by David M. Reutter The death penalty is sold by its advocates as a crime deterrent or a penalty reserved for the most heinous of crimes. The reality is that the death penalty is often used …
Article • April 19, 2018 • from CLN May, 2018
Filed under: Release and Reentry, Bail
Philadelphia Tests Automating the Bail Risk Assessment Process by David Reutter by David M. Reutter Philadelphia is using part of a $3.5 million grant to create a computerized bail-risk assessment tool. The effort is part of the city’s Reentry Project. The MacArthur Foundation selected Philadelphia to take part in its …
Article • April 19, 2018 • from CLN May, 2018
Mississippi Supreme Court Reverses Conviction Ruling; State Failed to Prove ‘Constructive Possession’ of Marijuana by Dale Chappell by Dale Chappell The State failed to prove that packages of marijuana hidden in a car truck were in the “constructive possession” of a passenger, who was unaware they were there especially when …
Article • April 19, 2018 • from CLN May, 2018
Filed under: Sentencing
Sentencing Court’s Grant of Prior Custody Credit was Not ‘Clear Error’ to Allow for Removal by Dale Chappell by Dale Chappell The government’s “eleventh hour” motion to “correct” a sentence to remove credit for time served in a related case before federal sentencing was improperly granted by the district court, …
Article • April 19, 2018 • from CLN May, 2018
NYU Students Form Dollar Bail Brigade to Help Free New Yorkers Held on $1 Bail by Christopher Zoukis by Christopher Zoukis Judges in New York City courtrooms have an unusual option when it comes to the pre-trial release of a defendant charged with a minor crime: $1 bail. Hundreds of …
Article • April 19, 2018 • from CLN May, 2018
California Supreme Court Grants Habeas Petition and Vacates Capital Murder Conviction Due to False Expert Testimony at Trial by Richard Resch by Richard Resch The Supreme Court of California granted a death row prisoner’s petition for writ of habeas corpus based upon the introduction of false evidence at trial and …
Article • April 19, 2018 • from CLN May, 2018
Filed under: Wrongful Conviction, Police
Controversial Police Interrogation Technique That Often Results in False Confessions Abandoned by Influential Training Consultant by Matthew Clarke by Matt Clarke In 1931, a commission to investigate Prohibition-era corruption appointed by President Hoover issued the Wickersham Report. The report criticized the so-called Third Degree, which was the standard police interrogation …
Article • April 19, 2018 • from CLN May, 2018
Filed under: Probation
Kansas Supreme Court Nixes Probation After Full Sentence of Confinement Served by Edward Lyon by Edward B. Lyon The Kansas Supreme Court held that under the Kansas Sentencing Guidelines Act (“KSGA”) probation cannot be imposed after the full sentence of confinement has already been served. James Kinder served as the …
Brief • April 6, 2018
Trulove v. D'Amico et al., CA, Police Framed Murder - verdict 2018 Case 4:16-cv-00050-YGR Document 523 Filed 04/06/18 Page 1 of 3 Case 4:16-cv-00050-YGR Document 523 Filed 04/06/18 Page 2 of 3 Case 4:16-cv-00050-YGR Document 523 Filed 04/06/18 Page 3 of 3
The Campaign to Close the Workhouse and Promote a New Vision for St. Louis, 2018 -EXECUTIVE SUMMARY- The City of St. Louis condemns hundreds of mostly poor and Black people to suffer in unspeakably hellish and inhumane conditions at the “Workhouse,” officially known as the Medium Security Institution. Over 95% …
Arrested, Held Incommunicado, Oregon Man Sues by Edward Lyon by Edward B. Lyon John Haga of Florence, Oregon was arrested based on a probable cause statement--not a warrant--on January 14, 2000. The offense was a misdemeanor assault. A complainant and a witness told a state police officer, who otherwise had no personal knowledge of …
Article • March 16, 2018 • from CLN April, 2018
Mississippi Supreme Court Caps Attorney’s Fees in Wrongful Conviction Cases at 25% by The Mississippi Supreme Court held that the state statute governing attorney’s fees in wrongful conviction and imprisonment cases sets out an escalation of fees tied to each stage of the case with the fee award capped at …
West Virginia Supremes: Previous Nonviolent Crimes, Life Sentence Unconstitutional by Dale Chappell by Dale Chappell The Supreme Court of Appeals of West Virginia held that a life sentence based on two prior driving on a revoked license felonies violated the West Virginia Constitution’s provision that “[p]enalties shall be proportioned to …
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